» 




ii3 

TJS 




SPEECH 



HON. H.-^^'L. TURNEY. OF TENNESSEE, 



ON THE PROPOSITION 



TO ADMIT CALIFOPtlNIA AS A STATE IlATO THE UNION. 



DELIVERED 



IS THE SENATE OF TF-IE U^JITED STATER, MARCH 12 



185Q. 




WASHINGTON : 

PRINTED AT THE COiNGRESSIONAL GLOBE OFl'ICE. 

1850. 




<\'\- 



THE TERRITORIAL QUESTION. 



The Senate havi.'g under considerauon the 1 
Message of the President of the United States, 
trariSmiting the Constitution of California, 

Mr. TURNEYsaid: 

iMr. President: The Government under which 
we live, when formed, was based upon the funda- 
mental principle of equality of the various States 
which formed it, and of the people of the States. 
The Constitution could never have been adopted 
by a majority of the members of the Convention 
by which it was framed, without tlie full recogni- 
tion of that principle: and if it had been adopted 
by the Convention, it would never have been rati- 
fied and approved by the respective States acting 
in their several State sovereignties through the 
State conventions to which the Constitution was 
submitted. 

In that Constitution, we find that slavery is re- 
cognized for political purposes, and that slaves are 
regarded by it as property. We find that, in ap- 
portioning representation, tiie Constitution takes 
notice of that cla.ss of populaiion, and reckons 
them as slaves. We find that, iii apportioning 
direct taxation, it again takes notice of slaves, and 
regards them as property. In another provision 
of the Constitution, we find that the subjects of 
this institution are regarded as property, and that 
the enjoyment of it is guarantied to the citizens of 
the United Stales, owners and proprietors of it. 

f hold, then, under these .several provisions of 
the Constitution Oi* the United States, that slavery 
exists, and that it exist.s by the Constitution of the 
United States itself, in all tlie Stales and territories 
of the Union, except in those States only where it 
is forbidden expressly by State constitutions, in 
the exercise of State sovereignly. And, while I 
hold that this Government has the right and power 
to prescribe government and laws for territories, 1 
am prepared to maintain that those governments 
for the territories must be under, and in accordance 
with, the Constitution of the United States, and 
that consequently Congress cannot restrict or 
abolish slavery in sucli territories. It is immate- 
rial foi" my purpose to inquire from what source 
the power to organize and control territorial gov- 
ernments is derived — whether under the treaty- 
making power or any other — whether it be an 
implied or an express power. In any event. 
Congress derives her autnority over the territories 
from Ui6 ConstUuUon, and mvist exercise that 



power only in accordance with the Constitution, 
in its letter and spirit. If this were not true, Mr. 
President — if Congress could prescribe any form of 
government she might choose for the territories, 
irrespective of the Constitution of the United 
State — in other words, if Congress were not ame- 
nable to any authority herself, in organizing the 
territories, Congress might establish a reli^'ion, 
and might establish an order of nobility — Con- 
gress might establish a monarchy in the territories. 
What is there to prohibit if, if the Constitutiou 
docs not govern in the territories, by governing 
the action of Congress over them r WHat would 
prohibit Congress from establishing any possible 
form of government that may be conceived .' If 
Congress is not bound by the Constitution in 
giving government and law to the territories, but 
has an unlimited and unrestrained power, then 
Conffress, in that view, would have the power to 
establish a monarchical government; and when a 
majority should deem it expedient to perpetuate 
their power, they would repeal the laws admitting 
States into the Union, and remand the States into 
territorial governments. And thus, under this 
pretence of power, and Liiis mode of usurpation, 
tliey would establish upon the ruins of this Re- 
public one great, consolidated, despotic form of 
govcinment, by which all the rights, immunities, 
and privile=:es, secured by the Constitution, would 
be trampled under foot, and lost to the people 
forever. 

Again: if Congress is not bound by the Consti- 
tution, or, in other words, if the power to etiact 
and enforce the Wilmot proviso in territories 
forrned by this Government, exists in Congress, 
then, let me ask, where do you find protection for 
fugitive slaves who may find their way into the 
territories? If such power exists, that provision 
of the Constitution which relates to the recapture 
of fugitive slaves is nugatory, so far as the territo- 
ries are concerned. 

In that case, Congress does possess the power 
to exclude slavery from the territories — a power 
which is provided" in the C< ; titution. Congress 
does possess the power, by the Constitution, to 
abolish all slavery therf; so tliat the moment a 
slave crosses the ime, arid goes into a territory of 
the United States, conti.ining such a law with such 
provisions, he would Ic absolutely free, notwith- 
standing it is manifcs: to all, that the compromises 
of the Constituticu tvatemplale no sucli thing-. 



4 



On the contrary, the franaers of the Constitution 
intended to provide arnpie means for the security 
of the owner in the enjoyment of his property. 
If, then, the framers of this instrument had net be- 
lieved nor intended that Congioss .shcjld possess 
no power over the subject of slavery in the terri- 
tories, they would }iave made an express provision 
for the recovery of fugitive slaves escaping into 
the territories, as well as into the States. 

But, Mr. President, the error, in my judgment, 
consists in gentlemen supposin" that tlic power to 
govern, implies the power to abolish or to destroy 
vested rights under the Constitution. I hold that, 
under the Constitution of the United Statf!s,a man 
has a vested right to his slave as his property, 
and a legal title vested in him under, and by virtue 
of, the Constitution and laws of the country; that 
that right can be carried into any portion of the 
United States, where it is not prohibited by the 
Jocal laws; and that the framers of the Constitu- 
tion did not intend that Congress should have the 
power to exclude it from the territories, or from 
the district in which the General Government 
should be located, and over which Congress should 
have the power of legislation. The power to gov- 
ern, then, is the power to protect the citizen in the 
enjoyment of his rights, m the enjoyment of his 
property, as well as of his "life, liberty, and pur- 
suit of happiness." And it is not a power to en- 
able him to {ibolish and destroy these vested 
rights; nor would Congress possess any greater 
power to destroy these rights in the territories, 
than in any State of the Union where slavery ex- 
ists, if the legislature of that State could have any 
euch power, i presume it is not contended by any 
one. The State constitution recognizes the insti- 
tution of Hlavery. No one pretends to destroy the 
institution— it must be done by a convention of 
the people. The power is placed beyond the con- 
trol of the legislative body of the country, for the 
security of those who own property of this de- 
scription. 

There is anotherspecies of argument which 1 have 
beard. Some contend that although Congress does 
not possess the power to enforce the Wilrnot pro- 
viso, or to exclude slavery from the territories, 
while they deny that power — thus far they agree 
with mc — still they hold and maintain the doctrine, 
that the jieople of the territories only possess the 

fower of legislating for themselves, and that they 
ave the power to legislate upon the subject of 
slavery, and to exclude it from the territories. 
This, sir, to my rnind, is a more absurd doctrine 
than to coiilind for the pov.'tr in Congress itself. 
It id conferring upon the pco[)le of the territoiics 
a much larger [lOwer than is possessed by the 
Slate government, or than is possessed by the Gen- 
eral Government ilsflf, orlhan isposscssed'by both 
the Stiitc and the General Government combined. 
This CJovcrnment cannot exclude slavery from 
the territories; neither can the Stale govcrnmeni. 
The Slate wjvereignlics cannot enact any law that 
will cviidc the provision of the Conaiituiion in re- 
lation to fugitive BJuves. This Government can 
pajM no law in violation of that provision of the 
Constitution. And yet, sir, it is contended by 
those, that the people of the tcrnlories have ample 

Ewer over this subjerl; ihal they may Icgis- 
B upon it; ihnl llicv rnay exclude it, rr^'nrdless 
of the (Jonsiilution of the United SiatCH, which ia 
exlcndeU over the Icrriloncs. They contend that 



a handful of people hi the territory cannot possess- 
the power of emancipating every fugitive slave 
who may happen to get within the territoi-y. 

Assuming that these are the principles of the 
Constitution under which we live, and which are 
binding over every section of the United States, 
the question recurs to us: Who is the cause of the 
excitement that disturbs the harmony and quiet 
of the R-epublic? Who is it that is responsible for 
the danger to the stability and integrity of the 
Union itself? Sir, we have to look and inquire 
into the causes of this slate of things wlr -h now 
surrounds us. In behalf of the section from which 
I come, I have to say, we are conscious of no 
wrong on the part of the South. They have done 
no act, and have applied to Congress for the en- 
actment of no law, which it is pretended on the 
part of any ci:izen in the North, is an encroach- 
ment upon their constitutional rights, which will 
deprive them of any privileges, or which will deny 
to them a perfect equality with the States and peo- 
ple of the southern section. On the other hand, 
we look around to ascertain the cause of tne diffi- 
culty which now exists — for some cause of com- 
plaint. There is no dissenting opinion. All agree, 
the North and the South — with the excepiion, I 
believe, of the Senator from New York, [Mr. 
Seward,] who denies the existence of the Coa- 
stitution itself, or who repudiates all its binding 
force — all agree that the North has fiiled to coni- 
ply with the requirements of the Constitutions- 
nay, more, that she has violated that Constitution, 
to the prejudice and great injury of the southern 
Slates and southern people, in relation to the re- 
covery of fugitive slaves. I maintain, by argu- 
ment, that what is now sought to be done in rela- 
tion to the territories, is a violation of the rights 
of the southern people,. as plain and palpable to 
my mind, as that in relation to fugitive slaves. But 
suppose, for the sake of argument, that 1 was in 
error in relation to the construction which I placed 
upon the Constitution, claiming equality of rights 
to participate in territories belonging to the United 
States, acquired by thecomndon blood and treasure 
of boiii sections of the Union — what, sir, would 
be the great principle of justice and equality pre- 
scribed, even in the absenceof constitutional rights ' 
Would it be said ihiit, upon any principle ot' nis- 
tice or of equality of right, one section should be 
entirely excluded, and that the whole domain 
should be appropriated to the exclusive use and 
benefit of another section, simply upon the score 
of a majority of numbers? Why, sir, authority 
itself, comes directly in contact with the recotn- 
mendation of the Father of his country, when he 
took his final leave of his public station — I mean 
the Farewell Address of General Washington. In 
that addres.'', he urged upon all reciprocity and 
equality, and to abstain from anythiu'^ that could 
produce sectional jealousies and hcurl-burning 
bickerings. Aside from the constitutional right, 
this inevitably would be the eflcct upon the feel- 
ings of the great mass of the people. 

In the prosecution of this question, then, Mr. 
President, whether we possess the constitutional 
power or not, a large portion of the people of the 
northern States seem to have resolved to carry into- 
praciicjil operation and elfoct their plan of exclu- 
ding the southern people from[any participation in 
the territories thus acquired. If parties are to be 
divided by a sectional line, then, sir, in point of 



States and people, the North has the majority. If \\ beenfighting, the one against the other — forthe pur- 
therefore they can unite among themselves, against ^ pose of obtaining the support of the Abolitionists 
tlie South, the inevitable consequence will be, ,, in the election. T/ie?i there was no danger — the 
carrying out their measures in the forms of law. '' country was quiet. But if these gentlemen can 
What then would be the inevitable consequence of : maintain that opinion at the North, and continue 
carrying into practical operation this system of ' to mislead the people — if they can continue the 
measures, denying to the southern portion of the 1; belief that still there is no danger — they can at 



Confederacy the rights which they believe to be'con 
stitutional, and which they believe were guarantied 
to them by that sacred instnmient — rights in dero- 
gation of their honor, and in violation of their 
equality as citizens of the same great Confederacy ? 
What is to be the practical effect upon tiiem ? It 
■will be a dissolution of the Union, by calling forth 



length carry into practical operation the sermon 
they have been preaching to the fanatics for years 
past, for the purpose of acquiring political popu- 
larity. Then, indeed, would the Union be in 
danger. 

Who else have we heard use that argument, 
that the southern peo[)!e were not in earnest — that 



that same spirit which, in the waroftheRevolution, ''. it was a mere design to effect a reasonable corn- 
actuated Washington, and that gallant band which ' promise of that question? We have heard the 
gathered aroundhim under his command, in re- l most distinguished men of the nation — and, I am 
sisting an oppression greater and more violent |i proud to say, of boih sections of the Union, dis- 
than was shown by our mother country. The ''\ interested, patriotic men — who would scorn to ac- 



fiouthern m.en, the true descendants of our revolu- 
tionary sires, imbued with their spirit, are resolved 
upon maintaining their rights, and resisting every- 
thing like a violation of the Constuution. Who, 
sir, would be responsible for these consequences? 
What is the Union? What creates it? What 
holds it together? It is tiie Constitution of the 



quire a popularity by any such means. Their 
fears have been arou.^ed; and but the other day 
the distinguished Senator from Massachusetts 
[Mr. Websteh] showed that he had become sen- 
sible that the Union was really in danger, by 
means of this incendiary movement, and by means 
of the differences between the two sections. And 



United States. Without that instrument, there is '; although I disagree with him upon constitutional 
no Union. Trainple that under foot, and you have '' grounds, yet, for the sake of the Union — for the 
broken the Union. All our rights are guarantied !' sake of harmony, and to perpetuate the work of 
within that sacred instrument; and if the southern ii the Father of this R.epublic, the liberty achieved 
people are prepared to submit to a usurpation | by his sword, and consummated by his head and 
which degrades them to a position inferior to the \ by his hand, in order that it should be handed 
majority — which deprives them of their constitu-i: down to the latest generation — I confess that he 
tional rights and privileges — if they are prepared has suggested a reasonable mode of adjustitig the 
to submit to this species of usurpation, they are | question. So, sir, we find that there is patriotism 
prepared to become slaves to any section that may i; in the North, and there is patriotism in the South, 
choose to exercise power over them. But, sir, H The patriotism in the North, and the patriotism in 
they are not prepared for this. The inevitable^ || the South, will endeavor to unite. Those who 
consequence then would be, resistance, and re- |! contend that there is no danger, and are desirous 
sistance would be a dissolution of the Union; :i of keeping up this fanatical feeling at the North, 
and that event would depend, in my judgment, , will know that there is a large portion of patriot- 
•upon the union of the northern States upon this j; ism in the North; and the moment the people of 
niome.nous question now under consideration. j' the northern States shall discover that they are 
■ Why, sir, it is sometimes contended that there j' false prophets— that they are playing upon their 
is no danger — that the South will submit to this J credulity — that they are governed by selfish, am- 
outrage— and therefore the North may be en-, bitioua motives alone, and not by motives of pa- 
couraged to proceed. It is said by the Senator ,| triotis.m — the moment the North shall discover that 
from Maine, [Mr. Hamliv,] that the South is not 'i the Union is in fact in danger— they will rally 
in earnest in these declarations; that Senators around tl-.e Constitution and the Union; and in 
from the South, who have spoken here, have ob- ; rallying for its support, they will abandon those 
jects and purposes in viev^, manifestly at variance politicians who are its worst enemies, 
with what they have expressly avoucd in their ' From the evidence now before me, growing out 
.speeches— attributing to them dishonorable if not , of the veiy able and patriotic speech of the gentle- 
dishonest motives. This charge against southern ' man from Massachusetts, the other day, and from 
Senators is untrue. The souihern people not in '; the position of other distinguished gentlemen upon 
earnest! Are they to submit as slaves to any || this floor, whose opinions have heretofore been 
and everything which the North may think ' expressed, I feel satisfied that the North cannot 
proper, in violation of the CoMstitution, by force :■ entirely unite. If, however, the South could unite 
of their irjmbers, to fasten upon them? The f* in its defence, or for self-preservation, then I 
Senator from New York [Mr. Seward] gave us Ij would say at once that there would be no danger, 
an argument of precisely the same character yes- ;i If the South could be made to rally and unite in 
terday. * the attitude of self-defence and self-preservation. 

Politicians of this class, Mr. President, live j they would maintain their own constitutional 
upon this speoies of excitement— not upon any rights and liberties, and there would be no danpr. 
peculiar merit or moral worth. For years gone ■', The very fact of such an array being presented to 
by, when there was no danger of dissolving or I the country, vv-ouid at once demonstrate to the en- 
disturbing the harmony and integrity of the jl tire northern people that resistance would be inev- 
Union, partisans of both parties did play with ;l itable; and svhenever that fict sh&ll be demon- 
these fanatics of the nortJiem section of the coun- i< strated to the North, I have an abiding confidence 
try. i agree, sir, that thev have been striving— that it will be in fact the settlement of the ouestion 
i>oth the Whig and the Dimocratic parties have > of the preservation of the Union, although it will 



6 



be at the sacrifice of certain politicians at the 
North. 

But, Mr. President, the South is not entirely 
united, though very nearly so. I agree, and I en- 
tertain the stiong hope, that it would be entirely 
so whenever the emergency occurs, and the time 
for action shall arrive; but the union of the South 
is not sufficiently comjilete at present to put an 
end to the question here, or place it beyond cavil 
and doubt. Here is th». place we would like to 
see an unbroken phalanx — a united, a determined, 
a fixed resolution and purpo.<!e, to maintain their 
rights; and that purpose should be communicated, 
spoken of, and made public, in all parts of the 
Union. The dani^er might lie discovered — might 
be seen and felt — in order that we might rally the 
patriots of the country in every section to preserve 
the Union from danger. There is, however, as I 
remarked, not an entire unanimity at the South; 
for I believe there are a few — and I am gratified to 
say very few — in the South, who believe and ad- 
mit the constitutional power of Congress to pass 
the Wilmot proviso, and that it would be no cause 
of offence, or of complaint on the part of the 
southern States. This class of southern men, in 
my judgment, do more harm than all the fanatics 
can do in the North. Sir, you will find these gen- 
tlemen here pressing and urging the argument to 
which I have had reference, catching up declara- 
tions from this class of southern men, and sending 
them into northern sections of the country, as evi- 
dences that the South will tamely and cowardly 
eubmit to any system of legislation which the 
North may think proper to enforce upon them. 
Thie, sir, is not only giving " aid and comfort" 
to that class of politicians, but it is giving en- 
couragement to them to go on — in fact, it is telling 
them to go on — to go on perpetuating and perpe- 
tmting their outrages upon the rights of the South. 
The continued commission of these outrages will, 
in ray judgment, effect ultimately a dissolution of 
the Union — certainly it will be either a dissolution 
of the Union, or the degradation and ruin of the 
southern people. This class of men — both the 
southern men who express these views, and the 
Free-Soil men, the Wilmot proviso men, and all 
men of that class and kindred of politicians — I hold 
to be false to the Constitution of their country, 
false to the Union, and false to the great mass of 
the American people. I v/ill not say they are 
false to themselves, for they may desire a dissolu- 
tion of the Union. 

The other day it was said by the Senator from 
Maine, (Mr. II^mi.im] — I may not have his pre- 
cJHe words, but 1 have the substance — that they 
had, in his section of the country once, a class of 
politicians desiring the dissolution of the Union; 
and he says those who now imitate their policy, 
must expect to be recorded upon the same page of 
hifllory. He alluded, I suppose, to the Southern 
Convention, which is to sit at Na.shville, in June 
next, and comnarcd it to the Hartford Convention, 
which a«.sern!jled in Hartford, for the [lurpose of 
taking sides with Great Britain against our own 
country, when wc were engaged in a war with that 
<jioverntnrnt — « ronvrntion whose avowed ol)jrct 
and j.urpose was tolakc sides against the Ameri- 
rjvn (iovcrnment, and peihaii."* to effect a secession 
from thv. American Union. Ik tficre any sucli 
thmg m the Niwhvillc Convemior .' llaa any- 
thing been iniimntcJ from which any such infer- 



ence can be drawn? V/hy, sir, twelve months 
ago we had it predicted, when the southern meet- 

, ing was called, that that meeting was a Hartford 
meeting; and it was sought to destroy the effect of 
that meeting by the outcry of »»«(/ (/og- and //a,'<- 
foid Convention, and such harsh names. What is 
the object and purpose of the Nashville Conven- 
tion ? Why, sir, the southern meeting last year 
made an address to the South, representing the 
aggressions, real and proposed, by the northern 
States, and gave a statement of the plans which 
they proposed to carry into operation; and wha: is 
the system of measures.' This address has aroused 
the people of the South; they have had their pri- 
mary meetings: they have spoken in their legisla- 

, tive bodies; and Mississippi has suggested the 
propriety of calling a southern convention, to sit 
in Nashville, for the purpose of preserving the 
Union. The man who pretends — who Insinuates 
otherwi.se — is trying to make the public believe a 

; falsehood, which he cannot believe himself. The 

i object and purpose of this convention have been 
expressed. They are for the purpose of consal- 

' tation — of advice — and to adopt and settie upon 
some plan of operations of resistance to the ag- 
gressions of the North upon their rights, secured 
to them by the Constitution of the country, and 
not for the purpose of dissolving this Union, or of 

! forming any other confederacy. The furthest 
they would go, at the conclusion of their deliber- 
ations, would be to submit a series of resolutions, 

; or an address to the people of the South, or a re- 

I monstrance to this body, setting forth what would 
be the consequences of certain acts which may be 

j passed by Congress. Yes, sir; they seek to de- 
stroy the merits of this convention, by crying out 
it is a convention for the purpose of dissolving the 

[ Union — making the charge in the absence of proof 
— nay, more — making the charge against proofs — 
a charge which they must know to be false when 
they make it. 

This convention is to devise ways and means of 
preserving the Union, as was the object of l]\e 
southern meeting twelve months ago in this cham- 
ber, and, in preserving the Union, as a matter of 
course preserving their constitutional rights; fof 
without them, they care nothing for the Union. 
They v/ill cling to no other Union, but that created 
by the Constitution of this country, but will not 
submit to any Union enforced by usurpation. 
They cling to the Union given to them by the 
convention, headed by the great name of George 
Washington. They will stand by that Union, 
but will resist anything contrary to the provisions 
of the Constitution. That I understand to be the 
position of the South. It is not this resistance, 
but it is this usurped power, which is to produce a 
dissolution of the Union. Sir, if these usurpations 
are carried out, the great work is done — the bonds 
of this Union are broken, and trampled under the 
feet of the people of the South, by these aggres- 
sive usurpations. 

This agitation will have the effect of remodeling 
the political parties of the country, and more espe- 
cially the poliiical piirties of the North. It must 
necessarily rally a party in the North, of all the 
patriotism of ihat section of the country, under 
one banner— the banner of the Union — whether 
they W(ie heretofore called Whii;s,or Democrats. 
The Union is now in danger — endangered by an 
oppoeite party — un oppojiite clasB of politicians 



and there must inevitably be a rally under one 
flag — a flag of the union of the patriots of that 
section of the country; for it is to that class that 
we are to look. Tlie South \»ill in -future stand 
fortii as one man, ^nii cooperate and act with that 
party in the North, that inaintaias the Consti- 
tution, that supports and maintains the Union, 
whether that party heretofore was called Whig, or 
Democrat. This parly becomes the conservative 
and Union party of the country, and will, there- 
fore, receive the united support of the entire south- 
ern section of the Union. There will be another 
party in the North — a party already in existence — 
its limits prescribed, its objects avowed, and pro- 
claimed. It is the Aboiitiorl' party, the Free-Soii 
party, Wilmot party, and all others of that stamp 
of political heresy, uniting in one puity; these, as 
a matter of course, will unite with those who do 
not prefer the Union, but their heresy, and will 
rally under the flag of the Abolitionists and the 
Garrisons, to advocate the dissolution of the Union. 

I iind, Mr. President, in looking at the publica- 
tions, periodicals, and reports made by the conven- 
tions held by these various parties in the North, 
that they avow their object — their great object — to 
be that of disunion; and liiey assign reasons con- 
s-js'.ent with their own hoi!£>ty. Tliey say that 
the Constitution of llit United States authorizes 
slavery throughout the entire land — the peculiar 
and broad ground that I have assumed. Tliey say 
that, under the Constitution of the United States, 
slavery exists every where in the United States, and 
that slavery is even in Massarhusetts, iiy virtue of 
the clause relating to fugitive slaves. They must 
go outside of the Constitution of the United States 
and beyond it; they must overthrov/ it, put it 
down, prostrate it, break it, ruin it, and dissolve 
the Union — not like theSenator, on yesterday, wiio 
argues that, although this is the Constitution — al- 
though the Supreme Court has recognized this to 
be the Constitution — and although lie has taken a 
solemn oath to support that Constitution, yet, on 
account of a higher law, which he thinks he has 
received from God, he will disregard his oath and 
the Constitution, cast them aside, and violate and 
rend the bonds which hold the Union together. 
He does not seem to possess that sense of moral 
propriety — that sense of moral responsibility to a 
Supreme Being — that is entertained and acted upon 
by Garrison and others of that political school, 
who say that they cannot remain under this Con- 
stitution, or take an oath to support it. The Sen- 
ator, however, can take a solemn oath to sujipovt 
it to the letter, and then turn round and say that 
he is not bound by it — not bound to support it by 
law — say this in violation of the solemn oath 
which he took, when he took his seat in this body. 
Well, Mr. President, I propose to trace this 
northern party — this Abolition party — a little r\n-- 
ther, and see how they do stand. I have some few 
documents which I propose to read upon that sub- 
ject. The first is, I suppose, the highest authority 
among them. I propose to read a part of the con- 
stitution of this party, for they have a constitution 
which they h^ve adooted: 

ConstUiitioii of the Jiriierkan and foreiiiri .inli-Slaiery 
Sodftii. 

Whereas, llie Declaration ot' .\niericaii Independence 
asserts that it i? a sclt'-evidem truth, " tb^t all men are 
created e'jual, and tltat they are endowed hy llieir Creator 
wiih certain inalienalde rights — that nnioii'i these are life, 
liberty, auii the pursuit of liappi-.u-ss ,'= and whert-as, tltis 



political axiom i> based upon the Holy Scfiptures, whitll 
declare tliat God -haih made of one li'i.od all nations of 
men, lo d\v«!l on all the face of the eanh,' and which re- 
quire all ma'ikind to love their ncishbor^ as themselves ; 

; and wherf;a>:, nearly three millions of the peopic of this 
country' are held In sl.ivery by their fellowcoi!ntrymeir ; and 
wheroii.s, the prartiee of liuying and j-elliri!; human beings 

I i)revai!j- to an alarnnng extent ; and whenas. every man, 

: irre?pect ve of color. i=- entitled to equality of rights on the 
soil of hi.s birth and residence ; and whereas, the prejudice 
again.-t color, which exists in thi.* coimiry, is sinful in tin; 
sl:^hiof Ui)d,'and sliould he inmicdiately repented of ; and 
wliHrt-as, no scheme of expairiaiion .^ihould be countenanced 
by any friend of man or God ; and whereas, we owe it to 
the oppressed, to oppressors, to our eounlrV; to the world, and 
to God, to do all that is right, and lawfully, in our power, to 
brin? about tlie extinction of slavery aiul the slave-trade ; we 
do ifereby agree, with a prayerl'ul reliance on the Divine aid, 
to form ourselves into a soeieiy, to be governed by the fo^ 

: lowing con-stiit rioN : 

.\RT. 1. The name of tliis association shall be the Ameri- 

CiN A.ND rORElOS .\NT1-PlaVERY SOCIETY. 

.•\rt. II. The objects of this society shall be the entire 
extinction of slavery atid the ^ln^p irude, and the eiiual 
security, protection! and improvement of tlic people of 
color. 

They aim, then, to abolish slavery throughout 
the entire nation, and throughout the entire world. 
It is not a society merely compo.scd of Americans — 
it is composed also of foreigners. It is sustained 
by the interference of foreign Governments, tind 
foreisrn Powers are concerned i'.; its organization. 
It lias become the disunion party in the northern 
' portion of these Slates. We find, sir, that they 
not only propose to abolish slavery, but to place 
the Macks upon an equality with the whites in the 
States where they reside — for they are not perinit- 
ted to leave those States. Ti'.ey are to be confined 
to the southern States, after they have been eman- 
cipated and slavery is abolished. They are lo 
remain in this Government — to be placed upon ati 
equality with the whites — equally ;o become citi- 
zens of the United States. They are to be eligible 
to all the offices in the country. They are to be 
I eligible to seats in this chamber, and to all the 
j ofiiccs of liie country. They tre to become, in 
'; the laigest sense, partners and partakers with us. 
I, Is it possible to suppose foi a solitary moment, 
'I Mr. President, that the southern people are to 
j' submit to such degradation — to such ruin ? Why, 
j sir, they would be forced to abandon their country. 
' They would be forced to give it up entirely to the 
; black people. They would be robbed of their 
I property, and then robbed of their homes; for it 
comes to iliis that the two rpccs will not and cannot 
jive together, as equals, harmoniuusiy. This never 
; could, and never would, he submitted to on the 
I part of the South. But, sir, having read their 
j constitution, I now propose to read a part of the 
proceedings of the convention of these Abolition- 
; ists: 

'•7. Resolvc'l, That while we would express our deep 

giatitudc to all those earnest nien and women who find time 

and strength, amid theii labors in behalf of Briush reform, 

to study, iiiidcrstand, and piotest ajiainst Ameiican slavery, 

I to aive us their sympathy and Aid, by viunificevt. coniribu- 

: I ho/is, and by holding our Union u/- to the rontrmpt of EuropCj 

i we feel it would not t>«j invidious to meniion William and 

I Mary IlowitI, Henry Viment, ami George Thompson, as 

those to whose untirina advocacy; our cause is e.^iecially 

indebted in this country, as well as for the hold ithasgauied 

on the hearts of the British people. 

I <-8. Resolied, That the disciiiuinatingscnse Of justice, the 

' -.tcadfast devotedness, the generous munilicence, the un- 

' tiring zeal, the indnsirv. skill, taste, and genius, with whirli 

! British aboliiionisu? have doperated with us for the extinc- 

1 tion of slavery, command our gratitude. 

I! '-Frowi the aholitioiiisLs of England, Scotland, and Ire- 

1 land, we have received renewed and inci easing assurances^ 

I and proofs of their oonstaiit and enlightened zeal, in behalf 



8 



of the American slave. Liberal gild from all of these 
countries, falling bpliiid none of ilii; nnost bounteous of 
former years, lielped to fill the scanty treasury of the slave." 
'■Just at this point of time, and when atlairs are in this 
posture, the Fn'e-Soil party appears and claims tlie sujiport 
of the Abolitionists, by virtue of its superior anti-slavery 
pretensions. Its pretensions aie specious, and, in fact, in- 
clude about all that a political party, intendini; to maintain 
^'ood faith towards tiie Constitution, should offer. It pro- 
poses to forbid the extension of slavery into the newly-stolen 
territories, to abolish it wherever the Constitution will per- 
mit, and to confine it to its present cou>tltutional and ter- 
ritorial lin)its. Time was when'the Abolitioni.-ts would 
have been thankful for thus miich, and wlien, foruiaintain- 
ing thus much, tlit y were ruoblied and Inintcd, whipped and 
shot, a price set upru) ilieir ht ad.-, th''ir name cast oui as 
evil, and they pi rsecuteij unto strange cities. Uutthcii long 
and liard-tried experience has attained 'to soi>ietliing of 
prophetic strain, 'and ihey no«- plainly perceive that what 
would have satisfied then') in tlioir day.s of ignoraiice, falls 
very far short of what the necessity of the ease demands. 
They can take 110 part in a movement which contemplates 
the recognition of t!ie legal relaiion of master and slave 
anywhere within the universe of God. They spurn and 
^•pit upon the doctrine that any compact can he binding 
which conditions for the r( turn of a fiisiitive into the hell 
of slavery, and for the forcible siippit.ssion of an attempt on 
tlie part oi" the slaves to vindicatt- theii riiiliLsby 'an appeal 
to arms and the God of battles.' Their sense of personal 
honor forbids them to swear lo snopoit such a compact, 
either personally or by proxy, (or ihe purpose of exerting 
political power, even for the slave, with the intention of 
performing it — much more with the intention of Ineaking ii. 

This connects itself directly with roreis:n Govern- 
ments, with foreign power, and shows their alli- 
ance. It is not a movement on the part of Ameri- 
can people alone, for the purpose of controlling the 
policy of the United Siale.s; but it i.s a joint coop- 
eration of foreigners with this class of people. In 
other words, Mr. President, this cias.s of people in 
the northern States have become the mere instru- 
ments in the hands of foreijjn power, for the pur- 
pose of effecting that which they themselves could 
not accomplish — the overthrow and dissolution of 
this Union. 

In connection with this, I propose to read a state- 
ment which astounded me very much the other 
day, when I heard it made by the distinguished 
Senator from Souih Carolina, [Mr. Calhoun.] I 
read it merely for the purpose of showing the con- 
nection of this party of abolitionists with foreign 
power. He ?ays: 

" Now, sir, 1 come to Te.tas. Perhaps no gnntleinan had 
more to do with the acquisition of Texas than mystdf; and 1 
aver that I would have been among the vi i> Ix-t individuals 
in the United States lo have made ajiy nii'ivetneiit at that 
time toward ;lie acfinisitionof 'i'exas ;"iind I solurtherand 
say, if I know myself, I wa(^ incapable of acquiring any ter- 
ritory simply on the ground that it was lo be slave territory. 
No, sir; a very ditferetit motive actuated me. ! knew at'a 
very rarly perioil that Uie Hrilisli Government had given en- 
couragement to the .Abolitionists who wen; repre enlrd in 
the VA'orhi's Conveniion. 'I'he (piesiion of abolition was 
ai:italcd in that convention ; and one gentlrnian stated dial 
yir. Adams informed him that, if the British Government 
chose to abolish -laviryln iheCnited Htates. they must 
commence at 'J'exas. A committee Ooni lliin World'.- ("on- 
vciilion \va» sent lo the r^ecietar> nl ^'l:lte. It so happened 
that this verj' geiiileiniiii was prescni h hen the intercourse 
took place belween Lord Abeidei-n and that eiimmilti-<-, and 
he gave him a full aecuunl oi i( ^horlly aliiT lliui occiirreiue, 
hluling Ihat l<ord Aberdfen h II Inio the proji-ct to give eii- 
CCiiira^i inent toiln: Abolitiomsis." 

Having now 8liown the connection witli foreign 
Powers,! j.ropose lo show how ihifj patty aic or- 
iCaiii7.ed,arid how they intend torlfect their nbject. 
Por that purpose, I will read a portion of the pro- 
cecdingB of the society: 

"The (lay of (iiopheey ix pn.-scd— that of liiUillmi nt is 
eoniP. For lung year* Mie Abolilinni^tH bii\e In i n loukiiig 
forward to the 'Inte ofllniigH whieh is iiinv beginning to de- 
velop it^ell. They have iiUvay.i Known that tin- effi rt of 
Uicir l.lbor^ would at l.i^i In- men, m ihe di>iurban(i^ of the 



political element.-, and the reconstruction of the poIiUcal 
parties. Tliey have seen and said, for long past, that there 
were no principles on which parties could divide, at this 
day, in this country, excepting slavery and anti- slavery. 
A public sentiment (jas been slowly, and witli ditTiculty, 
created by the operation of anti-slavery pipers, meetings, 
and lectures, which reach many who know not whence 
the influences which they feel went fortli, and which is 
now beginning to he seen in Congress, in State Legislatures, 
and, above all, in the disorganization which is at work in 
the old political parties. These are things to make the 
hearts of Abolilionisis rejoice. It is not tiic end, but it is 
the beginning of the end. The party, yet to be, which is to 
do this work, will be technically a noilhern or Free- State 
party. Its object will be, by the action of the free States 
alone, outside of the Constitution, to free themselves and the 
slaves from their guilty support of the system of slavery, 
while acting under tlic Constitution. This parly will agi- 
tate, within the free Staffs, for the formation of a new eim- 
federation of States, that shall have no part nor lot in the 
support of slavery, and shall be free from its despotic sway. 
It will go for a new Constiiution, for a union of freemen — 
free from the insidious elemitnt of tyranny, disguised in 
compromise. Its object will be the foundation and edifying 
of a true Republic, where the ;:eople will choose their own 
magistrates, and make their own laws, and not merely regis- 
ter the edit Is of a ruthless aristocracy, deriving its hered- 
itary and prescriptive privileges from ownership in human 
beings. 

" This will be a movement which can he carried on in 
good faith, and above board, and one in which all can unite 
wlio hate slavery for the blacks, and subserviency for them- 
selves. We believe great multitudes aie ready for this 
inovemeiiinow, as soon as it lalies a political shape. VVe 
are sure Ihsit the experience of the Free- Soil party will show 
multitudes more, that this is their only hopf; for a national 
existence and Goveinment, consistent with self-respect and 
their own rights." 

Now, sir, it seems to me that the Senator from 
New York [Mr. Sevi ard] must be regarded as the 
leader of that party. He has gone further, per- 
haps, than any other person upon this floor or 
elsewhere; for he discards the Constitution, and 
labors to accomplish tlie object whicli he seeks, in 
direct violation of it, to an extent which is not 
avowed or assumed by any of his friends outside 
of this chamber. In order that I may not do him 
injustice, I will read a short extract from his 
speech, to show that he discards the binding force 
of the Constitution : 

" Wheiein do the streiimh itiiil s-ecurity of slavery lie? 
You answer that they lie in the Constitution of tlie United 
Stales, and the constitutions and laws of the slave-holding 
States. Not at all. It is in the erroneous sentiment of tlit! 
Amciican people. Constitutions and laws can no more 
rise above the virtue of the people, tlian the limped stream 
can rise above its native spring. Inculcate Ihe love of 
freedom, and the equal ridils of man under the jialcrnul 
roof— see to it, <liat ihej are taught in thr schools and in 
Ihe churches. Reform your own code. ICxteiid a cordial 
welcome to the fugilive who lays his weary limbs at your 
diior, and defend liini as you would your paternal sods. 
Correct your own ei ror, that slavery has any lomtitiitionnl 
uuariiiihj, which iii<;i) iiol be releast d. and ought n"i to he re- 
iin(|iiished. Say lo slavery, when it shows its bond and 
demands the pound of llrsh, that if il draws one drop of 
'. blood, its life shall pay the forleil. Iiiculcite that free 
' Stales can mainlain the rights of hospiiality ami hunianity — 
Ihat F.xecutivi- auihorily can forbear to lavor slavery." 

Wlmt recklessness is contained in this pnra- 

■ graph ! When the Senator was Governor of the 

i State of New Y'ork, a-dcmand was made upon 

him for the delivery of a fugitive from justice, 

charged with having stolen u slave in the State of 

Virginia. He refused to surrender him uf)on the 

doctrine contained iti this speech, that there could 

I be no crime committed — no larceny of property in 

stealing a .slave. He practised upon the doctrine. 

And I suppose he carried it out also in another 

particular; for he said that if a i<lave should com>i 

into his country, pursued by hi.-i master who de- 

' inandcd the pound of llcsh — who sought to seize 



9 



the slave and to take him off, that master's life J! 
would pay the forfeit before the slave would be 1| 
captured. The Senator would fall in with a "riot" i| 
for the purpose of rescuing the slave, and would !' 
do it if it cost the life of the owner. These were |i 
the sentiments held forth by that Senator, and that |! 
is the ground which he took. And he would |l 
invoke the aid of Great Britain, or of any other ; 
Power, for the purpose of prostrating or tearing- jj 
down this Union. He speaks of Union — yes, j 
sir; he professes to be for the Union! On yester- jj 
day he claimed to be a "Union man." And j 
while a " Union man" he disregards every obliga- ' 
tion contained in the Constitution, which creates [ 
li.e Union, denouncing it, and teaching his peofle jj 
to disregard it, and to violate their solemn oaths, Ij 
in order to carry out the fanatical purposes they \\ 
have in view ; and yet they are upholding;; the 
Union ! Sir, the cry of Union, and the glorifica- j 
tton of the Union, was for the public ear. It j 
would not do for the Senator to go forward and j 
avow his purposes, his object, his willingness to ' 
dissolve the Union; for that would cause his con- t 
.satuents, who are so deceived and misled by him, \ 
to turn away from him Doubtless his friends, 
who are, many of them, friends and supporters of I 
the Constitution and of the Union, will abandon 
him the moment they ascertain that his leading j 
aim is the dissolution of tiie Union. He knows , 
this, and for that purpose lie professes a devotion 
to the Union. [ 

In the course of tlie Senator's remarks, he in- | 
.sists that Congress has power to abolish slavery 
in the District of Columbia, and that we ought to j 
do it. If Congress has the power to abolish j 
slavery in this District, as I have remarked be- 
fore, the slaves of Virginia and Maryland, in less 
than a week, would be crowding in here; for the 
provision of the Constitution {or the delivery of 
fugitive slaves, does not extend to the Di.'-trict of 
Columbia. The moment you abolish .slavery 
here, the fugitive slave will become free when he 
enters this District. Abolish slavery here, and 
here will congregate all the slaves of Maryland 
and Virginia. They will concentrate here, and 
their masters will turn in vain to the Constitution 
for aid— for their property is gone. Who believes 
that the framers of this Constitution intended any 
such thing? Who would not be satisfied, from 
this effect', lliat they iutended that Congress 
■should have no power to abolish slavery in this 
District, or to interfere with it, or to regard the 
slave here as anything other than property? 

The Senator says, also, that Congress^ may 
abolish slavery in the territories. Well, it" they 
can do it, he has only to organize a territorial 
.government, with the Wilmot provi.-io in if, and 
li-.en encoarage the slaves to abscond to these ter- 
ritories, there lo obtain their freedom. 

He assumed the doctrine upon yesterday, that 
the great oucstion now under discussion, was the 
,gradual abolition of slavery throughout tiie entire 
nation and preservation of the Union, or tlie_ per- 
petuation of slavery and the dissolution of the 
Union. 

Yes, ."^ir, he boldly advocates, and av6ws his 
purpose and object. It is the abolition of slavery. 
J-Ie specifies bis plan, it is to pen the slaves up 
in the States, where they are now located, and 
permit thetn to go no further— thereby to force 
emancipation, as.there can be no outlet for them. 



And if they should fail, he spoke of the sword as 
a means of accomplishing the same object. 

Now, sir, I propose to read from the Farewell 
Address of General Washington, who described 
the Senator and his party far better than I can: 

'• In contemplating the causes wliicli may disturb our 
Union, it occurs as a matter of serions concern, that any 
ground should have been furnished for characterizins; par- 
ties by geographical discriminations— northern and soutli- 
ern, AtlaiiUc and western— wlience designing men may en- 
deavor to excite a belief, that there is a real difTerence of 
local interests and views. Ont: of the expedients of party, 
to acquire influence within particular districts, is, to mis- 
represent the opinions and aims of other districts. Vou 
cannot shield yourselves too much against jealousies and 
heart-burnin'4s which spring from these misrepresentations. 
They tend to tender alien to ciich other those who ought to 
be bound together by fraternal afTection. 

'• However combinations or associations of the above de- 
scription may now and then answer popular ends, they are 
likelv, li' the course of time and things, to become potent 
engines, by which cunning, ambitious, and unprincipled 
men, will be enabled to subvert the power of the people, and 
to u^nrp for themselves the reins of government, dcitroying 
afterward the very engines which have lifted them into 
unjust dominion. 

"Toward the preservation of your Government, and the 
perinanencv cf your present happy state, it is rciiui.sile not 
only that you steadily riisrounten.ince irregular oppo.'ition 
to its ackiiowledged authority, but also that you resist, with 
care, the spirit of innovation upon its priLCiiiles, however 
specious the pretext." 
i Here, sir, we find the principle upon which the 
South are to act. He advises us to resist the.se in- 
j novations upon our rights and the Constitution. 
I Does anybody doubt what. General Washington 
i tneant by the term " resistance"— resistance to en- 
; croarhments upon ihe Constitution, and upon con- 
stitutional rights. He did not mean speeches and 
voles alone. He meant resistance v/hich would 
I be effectual. He meant resistance which would 
! preserve and defend those rigiits. He meant that 
J resistance which he gave the British for their 
i; oppressions upon the colonies. That is the species 
of resistance which he meant, and to which he re- 
\'' ferred. Again, sir, he says: 
|i '• Without looking forward lo an extremity of this kind, 

I which nevertheless ought not to be entirely out of sight, th(! 
!; common and continual mi.--chiefs of the spirit of parly, are 
j sutBcient to make it tlie interest and duly of a wise people 

; to discourage anil restrain it. 
ii "it serves t.lways to distract the public councils, and cn- 

II feeble the public administration. It Kgitaies the community 
' with ill-foui;ded jealousies and false alarms ; kindles the aiii- 
'l niosiry of one part against another ; foments occusional riot 
' and insurrection. It opens the door to foreign influence .iiid 
: corruption which find a facilitated access to the Government 

itself, through the channels of party passion. Thus the 
policy and will of one country are subjected to Ihe policy 
and will of another." 

Here, sir, he has oast a stigma upon the very 
conduct of these people. He speaks of cooperation 
with foreign power. He speaks of the political 
influence of these foreigners acting upon our Gov- 
ernment. He predicts that it is to result m the 
downfall and overthrow of the Constitution. Yet, 
sir, it i« now publicly avowed— publicly made 
known by the leaders of this anti-Union party of 
i; the North. They band themselves together; atid 
!' what renders it more melancholy is the fact, that 
a man, who was once President of the United 
' States, was made the first mover and the first can- 
' didate of the sectional parly for the Presidency. 
I Yes, sir; no other than Martin Van Burcn is now 
'fanning this flame to dissolve this Union, and 
I' burst the bonds asunder, in order to elevate Inm- 
'! self into power. A man that has once been hon- 
ored by the American people— that has filled the 



10 



highest office in tlieir gift — having been defeated ' 
upon ihe second election, and defeated upon a 
third nomination, because of iiis opinions in reia- I 
tion to an important national question, has united :! 
himself and his destiaies with this party in the ii 
United Slates, governed by British abolitionists ,! 
and by crowned heads, according to tlieir own ' 
avowal. He places himself at their head. He 1; 
sleeks to get it into power by producing dissolution , 
and the ruin of the nation. j 

I am gratified, sir, at the result, and 1 hope I 
every attempt of every demagogue — of every hol- 
low-hearted and unprincipled man — may meet the ,| 
same fate that Martin Van Duren met at the last |{ 
election. But for the fact that we were contempo- | 
rarics, it never would have been communicated to j 
posterity and to us, that he was a candidate in i 
1848. He did not receive a single electoral vote. I 
hope he did not receive the majority in any county j 
of the United States. I hope he did not receive a ' 
majority in any precinct in any portion of the 
United .States. The fact ought rather to be handed 
down to posterity, that Martin Van Buren, the J 
successor of Jackson to the Presidency, and who 
stood by his side when that old chief read his 
farewell address to the people, imbodying the sen- 
timents contained in that of General Washin.jton, \ 
and who hypocritically firofesscd to approve every 
.sentence and every word of it, has met such a fate. 
So far as he or his follower-s are concerned, I have j 
no regret, but am rather glad that he has been | 
passed by, as he has. 1 am glad he has now un- 
maisked himself, and shown to the people what he i 
i.s, although the Democracy were so awfully -swin- I 
died by him; and that we have discovered it be- i 
fore he died, so that we can express our opinion j 
to him now. I take back, sir, every vote that I 
have ever given for him, and 1 hope that God will 
forgive me for those votes, and that my country , 
will forgive me fur them. I take back every word | 
I liave ever uttered in his praise, or in his defence. | 

1 was favorably struck this morning when the : 
Senator from New York [.Mr. Dickinson?] ofiered i 
a petition, praying Congress to have printed a 
large number of the Constitution of the United I 
Suites, together with the Farewell Address of Gen- 
eral Washington. I think it was a very sensible ' 
move on the part of his constituents. I hope that 
Congress will carry out the plan, only amending ' 
it, by addinc to it the Farewell Address of General 
Jackson. To show Washington's regard for the 
Constitution, and his strict adherence of it, 1 pro- 
pose to read another paragraph from his Farewell 
Address: 

" Bi-i let tliere be no change liy iisurit.iiion ; (or tlioiivli 
thi!', ill one inNiancp, may b« iIk; inBtruim.'iil of good, it is I 
•h«r ciiatomary weapon liy whicli (rue GoveriiiiKiiits are de- I 
ciroyed."' I 

Let there be no change liy usurpation, even 
though good may result in that particular instjince, 
because thai is the customary weapon by which 
free Governments are destroyed. 1 will apply it 
to the domain of California, as well as to every 
other consiitutional (]ucstion involved in this 
dehale. 

] laving gone through with General Washing- 
ton, I propose to read a few extracts iVcuii GencrnI 
Jackson. Sec how these distinguished men agree: 

" AppraN, too, arc I'lmFlaiilly iniiili! to xiu-ijonnl iiilcrrsix, 
in order to influfnci; llic tltcuim oI'llK! ('Iiii;r Mui!ii<lrati', :i* 
if it were deHirfd llmt lie ^liould liivor a piirlicular i|uart<:r 
of llu- country. InvlPiid of riiKilliiig Uie dutirn of Iuh rtatiuii ': 



witli impartial justice loa'I; and the possible di.^.'iolulion of 
the Union liasat length become an ordinary and faniiliar 
subj(!ft of discussion. Has the vvarning voice of Washing- 
ton been forgotten, or have designs already been forined io 
sever the Union ;" 

"Mutual suspicion ami reproii'lies may in time create 
miiiuul hostility; and artful and designing men will always 
be found, who are ready to foini;:it these fatal divisions and 
inflame the natural jealousies of different sections of the 
country. Tlie history of the world is full of such exawples, 
and especially tlie history of republics." 

" It is true that cp.'ies may he iiivigined disclosing sueli a 
settled purpose of usurpation and oppression on the part of 
the Government as would justify an appeal to arms. These, 
however, are extreme cases, which we have no reason to 
apprehend in a goverMinent where the power is in tliehand^ 
of a patriotic people; and no citizen who loves his country 
would, in any case whatever, resort to forcible resistance, 
unless he clearly saw ihat the time had come when a free- 
man should prefer death to submission." 

Here we find again a description given n*" Mar- 
tin Van Buren. •• Designing men, always p.-e- 
pared to take advantage of sectional difficulties." 
And it is not confined to him alone; for I think it 
will also extend to the Senator from New York, 
[Mr. Sew A HI),] and to all others of that stamp or 
political cast, whether they call themselves Free- 
Soilers, Wihnot proviso men, anti-slavery men, 
or anti-siavery-extension men. They seek to use 
the power of this Government to accomplish their 
private wishes and feelings, regardless of the pro- 
visions of the Constitution. They seize upo.n it. 
Nor am I willing to concede to them all the fanat- 
ical feeling which they profess to have upon the 
subject; for I think the most of this feeling at the 
present day is political, used by politicians, and 
not a deep-rooted infection in the northern people. 
Sir, they love the Union; and although they may 
not be the advocates of slavery, they have not the 
will to say they will dissolve the Union, in order 
to rid themselves of what they may consider a sin 
in another section of the Union. 

Why, sir, has the Senator from New York dis- 
covered recently, that Washington, if now alive, 
would not be a fit associate for him ? This Constitu- 
tion which he denounces — this Constitution which 
he disregards a:id t.-amples under his feet — was the 
work of that (!is::::g'.!:i!;ed sr.geand patriot. Has 
he forgotten that fact ? Does he suppose that if 
General Jackson were alive, he would tiot be his 
eriual — wlio, although he had nothing to do with 
the formation of this Constitution, had much to do 
in giving to it a construction, and in maintaining it, 
and defending it. wit'i a view to the perpetuity of 
this Government and Union.' His purpose was 
the perpetuity of the Union, for the purpose of 
perpetuating the rights of all under the Constitu- 
tion, as giuirantied by the Constitution. There are 
no fictitious rights in any of these States. The 
patriots who have gone before us, never dieairitd 
of perpetuating any Union to be founded upon the 
usurpation of jiny right — to be founded upon the 
usurpation wiiich they abhorred, and which fiey 
had cast off, when perpetrated against them by 
Great Britain. Tiny admonished tliose v/ho 
should come after tliem against it. Tiiey advised 
them to cling to the Constitution as it is, and not to 
permit a violation of it, even though it might be to 
obtain a great good. 

But, sir, I v/ill proceed : "It is true that cases 
' may be imagined which show such a settled our- 
• pose of usurpation and oppression on tlie part of 
' GovernnienlastojuB'.ify unnppfealtoarms." Yes, 



11 



sir, as " to justify an appeal to arms. " And what 
is lie talking about ? He is talking about this pre- 
cise question of sectional divisions and sectional 
rights. " These, however, are extreme cases 
which we have no reason to apprehend." 

Now, sir, it is very true that General Jackson 
thought that the time would never come. But 
why did he think it would never come? Because 
he had faith in the patriotism of the people, which 
he beli'Sved would be powerful enough to control 
the designs of politicians. I agree with him in 
regard to the patriotism of the people, even in re- 
lation to the people of the North. But, sir, that 
people is now deceived and misled by demagogues; 
by designing, cunning, ambitious, and unprinci- 
pled men, who are described by General Washing- 
ton, who are seeking their own aggrandizement, and 
are willing to sacrifice the good or the very exist- 
ence of the country, to gratify their ambitious de- 
signs. That people is now misled by such men. 
They will — they do — possess patriotic feelings; 
they will maintain this Union; they will rally 
around the standard of their country, and form a 
party — an American Union party — more power- 
ful than the British Abolition or American disunion 
party, in all the States. 

Well, Mr. President, I do not think it neces.sa- 
ry to read more. I have other extracts marked, 
equally strong upon this identical subject, relating 
to the rock upon which this ship may be lost — 
this sectional question — admonishing and entreat- 
ing the American people not to permit it — warning 
them against such designing, unprincipled men as 
we see now around us fomenting dissensions. 
Yes, sir; such as we see in this chamber and out 
of it, v/ho are seeking to form a sectional party, 
around which they are to rally a free-State party, 
to work beyond the Constitution, and to do this 
for the purpose of effecting objects which never 
can be effected without the dissolution of the 
Union. 1 will read one' other extract. It bears 
directly upon this question of sectional parties and 
objects: 

" Motives of philanthropy may bo assigned for this un- 
warrantable interference, and weak men may persuade 
themselves for a moment that they are laboring in the cause 
of humanity, aud asserting the rights of the human race ; 
but every one, upon sober reflection, will see that nothing 
but mischief can come from these improper assaults upon 
the feelings and rights of others. Rest assured that men, 
found busy in this work of discord, are not worthy of your 
coijfidenoe, ami deserve your strangest reprobation. 

"In the legislation of Congress, also, and in every meas- 
ure of the General Government, justice to every portion of 
liie United States should be faithfully observed. No free 
government can stand without virtue in the people, and a 
lofty spirit of patriotism; and if the sordid feelings of mere 
selfishness shall u.?urp the place which ought to be filled by 
public spirit, the legislation of Congress will soon be con- 
vened into a scramble for personal and sectional advan- 
tages." 

Now, sir, I think these distinguished gentlemen 
have pointed out what we now see plainly before 
us — a class of ambitious and unprincipled men, 
who, whether they desire it or not, are prosecuting 
measures for their own aggrandizement, which, 
unless they are arrested, must end in the dissolii- 
tion of this Union, and in the destruction of this 
country. 

Now, Mr. President, a few more words, and I 
have done. 1 refer to the question of the admis- 
sion of California. 1 ai^i opposed to it. I have 
been unable to see any power on the part of Con- 
gress to admit California with no organization 



whatever — with no government — territorial or oth- 
erwise — with no law beyond the law of the sword — 
the law of military authority An attetnpt has 
been made to give law and government to Califor- 
nia for several sessions; an'l, sir, notwithstTanding 
the charges iBade by this Abolition party, which is 
laboring" for the dissolution of the Union, the 
South is not in any way responsible for the fail- 
ure of those attempts. 1 advocated and supported 
those measures, and other southern Senators did 
the same. 1 advocated and supported the meas- 
ure proposed by Mr. Clayton, of a select commit- 
tee, commonly called the Clayton bill. That bill 
transferred all the questions relating to tiiis .subject 
to the jurisdiction of the Supreme Court— the 
proper arbiter of this agitated ami perplexed ques- 
tion between the two sections of the Union, The 
southern members sustained it, with a few excep- 
tions. Those especially who are charged now 
with disunion projects and designs, sustained it. 
We aie taunted very often, and told that we might 
have had an organization, if v/e would have ac- 
cepted and voted for the Wiln^ot proviso. But 
Congress had no power to pass that. Here was a 
proposition to submit all these matters to the Su- 
preme Court of the United States— to leave ihcui 
all to it; and if it had decided that the South hail 
not the constiiutiona! rights which v/c contend for,. 
why then it would not be any dishonor, any 
disgrace, any cause of resistance with the South, 
thai she should be excluded from the territories. 
She would not feel that her rights had been tram- 
pled upon or usurped by the arbitrary exercise of 
power. But, sir, this proposition was voted down, 
and voted down by men from the North. 

Then came the proposition for extending the 
Missouri compromise line. The South believed 
that this did not give all that siie was entitled to; 
but for the sake of quiet, she was ^villing to agree 
to that. I advocated and supported it; but that, 
too, was voted down, and voted down by northern 
men. Finally, there was an amendment offered 
by the Senator from Wisconsin, [Mr. Walker.] 
I gave that my support. In a word, I have ever 
voted for every proposition to give a government 
to those territories. I am not, therefore, to be 
charged with designing the dissolution of the 
Union. I have labored incessantly to have a 
compromise and amicable arrangement of this 
whole difficulty. Everything has been voted down, 
and voted down by those who now seek to fasten 
upon us this deprivation of government in Cali- 
fornia, and the other territories. 

They now seek to pass this exclusion, upon the 
ground that our honor is not nov/ to be affected; 
that California will now come in as a State, nnd 
not under a territorial government; and that the 
exclusion of slavery will now be her act, and not 
that of Congress, under the Wihuot provi?^. 
Why, Mr. President, so far as this refers to any- 
thing in the .so-called Slate of California, I do not; 
propose to examine it at all. I say that there is 
no State formed, whose constitution can be con- 
sidered in any way. When we speak of Slates, 
we speak of those which have a legal existence. 
Has the State of California a legal existence? 
Where do we find it .' It is wholly the work of a 
military commander. General Riley, calling a con- 
vention for the people of the territories. 

Before you can get even a legal convention, you 
must have the boundaries of the Slate legally 



12 



assigned, in order that you may know who it is 
that ia to be entitled to vote, and for whom it is 
that the government is to be formed. They must 
live v/ithia that boundary. Those living; without 
the boundary, are not to vote; General Riley laid 
cff the districts for the election of the members of 
tliC convention; General Riley prescribed and fixed 
the qualifications of the voters; General Riley ap- 
pointed the judges; General Riley made the law, 
and authorized those judges to be sworn in and 
administer the oath; General Riley did every- 
thing that was done, and which belonged to Con- 
gress to do, and which alone could be legally done 
by Congress. It was not possible that these steps 
could be legally taken. I do not care to inquire 
whether General Riley was acting under an au- 
thorization from the President of the United Stales, 
or not. U was not possible for the President to 
give an authorization thatshould have any validity. 
The people did nothing in the matter of them- 
selves. They were ordered to do what they did 
by a military chieftain — commanded to do it. 
They acted in obedience to military orders. 

Now, sir, so far as any action is concferned, 
California either does, or does not, belong to 
the United States. If California belongs to the 
United States, then it is for us to prescribe a gov- 
ernment for them; it is for Congress to direct them 
to hold tlieir convention for the purpose of forming 
a State constitution; and it is for Congress to lay 
off a boundary for it, to pre.'^cribe districts and the 
quiihfications of voters, and to inflict punishment 
upon those who shall cast votes illegally. All this 
is to be regulated by the law-making power of the 
Government; and we acknowledge no dictator — 
no power of that sort, either in the territory or in 
the States — no power to lay cff States, and to 
prescribe all other things necessary for the forma- 
tion of the State constitution. 

But, Mr. President, there is another objection, 
and that is, that there is .something in the course 
of action on this subject which I do not fully com- 
prehend. We are fold by Mr. Clayton, in his in- 
etructions to Mr. King, as follows: 

"Voii are fully po>?e!>sfid of tlie rrfi>iil('tif.'! views, and 
can properly suggest for the people of Ciiliforiiia, the adop- j 
tion of measures calculal<!(l togive tlicin protection, Those 
measure!' umst.of course, originate .snl.?ly with thomstlves ; 
but assure them," itc. 

Now, sir, he was possessed of the President's ! 
views. 1 saw also a letter from Mr. King, statino- ! 
that he had no private instructions from the Pres''- \ 
iJcnt— that there were no instructions attached. ' 
If they did not choo.sc to call them instructions, ' 
he was apprized, at least, of the President's views i 
in relation to this matter. These views were .se- ! 
cref— they are not put in writing. We cannot 
obtain them. Pcrhajis that iu one reason why 
, they do not assume the character of instructions, 
for I believe there liaa never been an instance, in 
the hisit^ry of this Government, where a foreign 
minister ha.s received Secret instructions. I know 
they ore. often secret, for tite time being, but they 
arc subject to be called for whenever the public 
interest shall demand it. But here is a |>os8C8sion 
of tlic President'a views, and tt ia suggested to 1 



him, that he can, in a certain mode, carry out and 
accomplish these views. 

Now, sir, by that instruction, or by that secret 
understanding — or ^call it anything else (I do net 
profess to be sufficiently skilled in this diplomatic 
matter to decide whether this technically amounts 
to instructions or not) — here is the view of the 
President of the United States, not committed to 
writing, in relation to the people of California, 
which he desires to be carried out into practical 
operation by an agent whom he sends for that 
purpose. The minister is apprized of it; he is 
told to go and have it accomplished — have it carried 
into practical operation. What is that.' If there 
was no other objection to it, sir, I would demand 
and I would know what that secret matter was 
which the President so much desired, and which 
had been communicated in some form or other to 
Mr. Iving; and if they will not have it to be in- 
structions, then let us take it in such form as he 
may choose to give it. If they will not have it 
oral or written communication, then it must be, the 
Secretary of State has lied. But I do not choose 
to believe that — 1 believe there was secret instruc- 
tion or knowledge; for I do not care to encounter 
Mr. King's denial. Here is the knowledge of what 
the President desired; but in order to be certain, it 
was to be distinctly understood that it is a move- 
ment on the pare of the people themselves. Now, 
for one — being the firsi time in the history of this 
government, I believe, that anything of this form 
has occurred, where there is a desire which has 
been communicated on the part of the Executive 
to accomplish his object, but which has nowhere 
been put upon paper — I would say, for the purpose 
of putting down all such conduct in the future, and 
of stamping it as highly improper, I will disregard 
whatever may have been done. The fact of^ its 
not being upon paper, but secret — being hidden 
from the world in all time to come — aflbrds sus- 
picion that all is not right. For that reason, I, 
for one, would be disposed to reject it. 

I could not, therefore, vote for the admission of 
California. It is a mere trick and contrivance to 
avoid — what? To avoid the Wilmot proviso. It 
is a contrivance to save the President from com- 
mitting himself upon the Wilmot proviso. I 
would not blame the President, or his Cabinet, if 
they v.ere to avoid or evade this question, if they 
could do it without sacrificing the rights of any 
section of the Union; and in this evasion I seejhe 
rights of the southern section evaded and sacri- 
ficed, to save him and his popularity, either with 
the North or llie South, as liis action would incur' 
the censure of the one or other section of the 
Union, acting upon this question which has been 
submitted in the form of a territorial government. 
I am not, therefore, on tliat account, disposed to 
favor it; but 1 am willing to meet it in the question 
of the admission of this or other territories. If 
we can agree as to one, we can agree as to all. If 
we can settle one, we can settle all. To admit 
California is to surrender all: slavery will be ex- 
cluded from every portion of our newly-acquired 
territory of any value, and will have been exclu- 
ded by a trick — a contrivance — as 1 verily believe, 
and in violation of the fundamental provisions of 
the Constitution of the United States. 



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